Bill S2002-2011

Includes the conviction of any offense for which fingerprints are required to be taken upon arrest within the designated offenses requiring a DNA sample

Includes the conviction of any offense for which fingerprints are required to be taken upon arrest within the designated offenses requiring the submission of a DNA sample to the DNA indentification index.

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Jan 4, 2012: REFERRED TO FINANCE

Jan 14, 2011: REFERRED TO FINANCE

Memo

BILL NUMBER:S2002

TITLE OF BILL: An act to amend the executive law, in relation to including the conviction of any offense which requires the taking of fingerprints upon arrest, within the definition of "designated offender" for purposes of the state DNA identification index

PURPOSE: Expands the list of criminal convictions which require a person to give a DNA sample for inclusion in the state DNA database.

SUMMARY OF PROVISIONS: Section 1 of the bill expands the definition of "designated offender" as used in provisions establishing the DNA database. This amendment expands the list of convictions which require the defendant to give a DNA sample to now include a conviction for any offense for which a fingerprint is required to be taken pursuant to subdivision one of section 160.10 of the Criminal Procedure Law.

Section 2 of the bill provides that these provisions shall be effective immediately and shall apply to designated offenses committed on and after the effective date as well as to designated offenses committed prior to the effective date where service of the sentence imposed upon the conviction is not completed prior to the effective date.

EXISTING LAW: Existing law now provides a list of crimes for which a person is required to give a DNA sample to the database. However, not all offenses for which a fingerprint is required to be taken are included in this list. Increasing the list of crimes for which DNA samples are required will enhance the possibilities of both detecting the perpetrators of crimes which have already been committed and preventing the commission of crimes in the future.

JUSTIFICATION: There are approximately 130,000 Penal Law misdemeanor and felony convictions annually in New York State. Experience has clearly shown that many perpetrators convicted of lower or mid-level crimes have committed, or will subsequently commit, more serious and violent crimes. It is now well recognized that the State DNA Databank has allowed law enforcement officers to link crimes in different jurisdictions, identify suspects, and, equally important, exonerate the innocent.

In 2006 the Databank was expanded to include all felonies defined in the penal law as well as seventeen misdemeanors. There are over 200,000 recorded misdemeanor convictions in the state each year. While all of these persons convicted of misdemeanors are required to provide a fingerprint, many of these same persons are not required to submit a DNA sample. Experience has shown that many serious felony offenders have a long prior history of petty crimes. Including all offenses which must be fingerprinted in the DNA database will allow earlier detection of these criminal individuals, prevent the

commission of future crimes and provide a broader database for persons to access for the purpose of establishing their innocence.

FISCAL IMPLICATIONS: The costs associated with expansion of the database provided for in this bill have been funded in the 2006-2007 state budget. The 2006-07 budget provided significant funding not only for the expansion enacted in 2006, but also to process samples well in excess of the samples that are to be submitted under the existing law as modified by the expansion enacted in 2006.

EFFECTIVE DATE: Immediately and applicable to designated offenses committed on and after the effective date as well as to designated offenses committed prior to the effective date where service of the sentence upon such offense has not been completed prior to the effective date.

Text

STATE OF NEW YORK
________________________________________________________________________
2002
2011-2012 Regular Sessions
IN SENATE
January 14, 2011
___________

Introduced by Sen. SKELOS -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to including the
conviction of any offense which requires the taking of fingerprints
upon arrest, within the definition of "designated offender" for
purposes of the state DNA identification index
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (f) of subdivision 7 of section 995 of the execu-
tive law, as amended by chapter 405 of the laws of 2010, is amended and
a new paragraph (g) is added to read as follows:
(f) any of the following misdemeanors: assault in the third degree as
defined in section 120.00 of the penal law; attempted aggravated assault
upon a person less than eleven years old, as defined in section 110.00
and section 120.12 of the penal law; attempted menacing in the first
degree, as defined in section 110.00 and section 120.13 of the penal
law; menacing in the second degree as defined in section 120.14 of the
penal law; menacing in the third degree as defined in section 120.15 of
the penal law; reckless endangerment in the second degree as defined in
section 120.20 of the penal law; stalking in the fourth degree as
defined in section 120.45 of the penal law; stalking in the third degree
as defined in section 120.50 of the penal law; attempted stalking in the
second degree, as defined in section 110.00 and section 120.55 of the
penal law; criminal obstruction of breathing or blood circulation as
defined in section 121.11 of the penal law; forcible touching as defined
in section 130.52 of the penal law regardless of the age of the victim;
sexual abuse in the third degree as defined in section 130.55 of the
penal law regardless of the age of the victim; unlawful imprisonment in
the second degree as defined in section 135.05 of the penal law regard-
less of the age of the victim; attempted unlawful imprisonment in the
first degree, as defined in section 110.00 and section 135.10 of the

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06222-01-1

S. 2002 2

penal law regardless of the age of the victim; criminal trespass in the
second degree as defined in section 140.15 of the penal law; possession
of burglar's tools as defined in section 140.35 of the penal law; petit
larceny as defined in section 155.25 of the penal law; endangering the
welfare of a child as defined in section 260.10 of the penal law; endan-
gering the welfare of an incompetent or physically disabled person as
defined in section 260.25 of the penal law; OR (G) ANY OTHER OFFENSE FOR
WHICH THE FINGERPRINTS OF THE DEFENDANT OR ARRESTED PERSON ARE REQUIRED
TO BE TAKEN PURSUANT TO SUBDIVISION ONE OF SECTION 160.10 OF THE CRIMI-
NAL PROCEDURE LAW.
S 2. This act shall take effect immediately; provided, that paragraph
(g) of subdivision 7 of section 995 of the executive law, as added by
section one of this act, shall apply to designated offenses committed on
or after such effective date, as well as to designated offenses commit-
ted prior to such effective date, where service of the sentence imposed
upon conviction of such designated offense has not been completed prior
to such effective date.

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